Section 410IAC3.6-1-5. "Contract brand infant formula" defined  


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  •    "Contract brand infant formula" means all infant formulas (except exempt infant formulas) produced by the manufacturer awarded the infant formula cost containment contract. If under a single solicitation the manufacturer subcontracts for soy-based infant formula, then all soy-based infant formulas covered by the subcontract are also considered contract brand infant formulas (see 7 CFR 246.16a(c)(1)(i)). If a state agency elects to solicit separate bids for milk-based and soy-based infant formulas, all infant formulas issued under each contract are considered the contract brand infant formula (see 7 CFR 246.16a(c)(1)(ii)). For example, the term includes the following:

    (1) All of the milk-based infant formulas issued by a state agency that are produced by the manufacturer that was awarded the milk-based contract.

    (2) All of the soy-based infant formulas issued by a state agency that are produced by the manufacturer that was awarded the soy-based contract.

    The term also includes all infant formulas (except exempt infant formulas) introduced after the contract is awarded. (Indiana State Department of Health; 410 IAC 3.6-1-5; filed Apr 24, 2006, 3:00 p.m.: 29 IR 2986; readopted filed Jul 12, 2012, 12:09 p.m.: 20120808-IR-410120265RFA)